Roy L. Eheler v. Louis W. Sullivan, M.D., Secretary of Health and Human Services

972 F.2d 1338 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Roy L. EHELER, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee. No. 91-35739. United States Court of Appeals, Ninth Circuit. Submitted July 23, 1992. * Decided July 23, 1992. Before SCHROEDER, FLETCHER and FARRIS, Circuit Judges. ORDER This case is submitted on the briefs as of the date of this order. MEMORANDUM ** Roy L. Eheler appeals the district court's refusal to include a cost of living adjustment in its award of attorney's fees under the Equal Access to Justice Act (EAJA). We reverse and remand. FACTS 1 Eheler filed an application for disability insurance benefits and supplemental security income. After a hearing, an administrative law judge (ALJ) found he was not disabled, in a decision dated May 19, 1988. The Appeals Council denied review, on October 24, 1988. Eheler sought review in the district court. On May 22, 1989, the court issued an…